AG-091323 September 13, 2023Page 1 of 2 1
Board Members:
Jacob Dewey – Chair Herbert Bodensiek – Vice Chair Paul Pinard – Clerk
Aaron Webb – Regular Member Mark Hansen – Regular Member
Larry Hurwitz – Associate Member Emanuel Alves – Associate Member Vacant – Associate Member Denise Johnson – Associate Member
Kristine Clark – Town Council Liaison
Staff Support
Elizabeth Jenkins – Director – elizabeth.jenkins@town.barnstable.ma.us
Anna Brigham – Principal Planner – anna.brigham@town.barnstable.ma.us
Genna Ziino – Administrative Assistant – genevey.ziino@town.barnstable.ma.us
Agenda
Wednesday, September 13, 2023
7:00 PM
James H. Crocker Jr. Hearing Room, 2nd Floor, Town Hall
367 Main Street, Hyannis
Live Meetings: The meeting will be televised live via Xfinity Channel 8 or high definition Channel 1072. It may also be acces sed via
the Government Access Channel live stream on the Town of Barnstable’s website:
http://streaming85.townofbarnstable.us/CablecastPublicSite/watch/1?channel=1
Recorded Meetings: This meeting will replayed via Xfinity Channel 8 or high definition Channel 1072. It may also be accessed via the
Government Access Channel live video on demand archives on the Town of Barnstable’s website:
https://streaming85.townofbarnstable.us/CablecastPublicSite/?channel=1
To all persons interested in or affected by the actions of the Zoning Board of Appeals, you are hereby notified, pursuant to Section 11
of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and all amendments thereto, that a public hearing on
the following appeals will be held on Wednesday, September 13, 2023, at the time indicated:
Call to Order
Introduction of Board Members
Notice of Recording
This meeting of the Zoning Board of Appeals is being recorded and broadcast on the Town of Barnstable’s Government Access
Channel. In accordance with MGL Chapter 30A §20, I must inquire whether anyone is recording this meeting and if so, to please
make their presence known.
Minutes
August 9, 2023 – Click HERE for Materials
Old Business
7:00 PM Appeal No. 2023-010 Arista Hyannis LLC
Arista Hyannis LLC has applied for a Special Permit in accordance with Section 240 -25(B)(22) and 240-25(C)(10) Drive-Through for a
proposed restaurant. The Applicant proposes to remodel the former bank building and ch ange the use to a food service
establishment with a drive-through. The subject property is located at 715 West Main Street, Hyannis, MA as shown on Assessor’s
Map 249 as Parcel 155. It is located in the Highway Business (HB) District. Continued from May 10, 2023 and July 26, 2023. Members
assigned: Jacob Dewey, Paul Pinard, Mark Hansen, Aaron Webb, and Herb Bodensiek.
(Click HERE for Materials)
7:01 PM Appeal No. 2023-014 Ernest J. Jaxtimer
Ernest J. Jaxtimer has filed an Appeal of an Administrative Official’s Decision in accordance with Barnstable Zoning Ordinanc e Section
240-125 B.(1)(a) and M.G.L. Chapter 40A Section 8 and Sectio n 15. The Petitioner seeks to overturn the Notice of Zoning Ordinance
Violation and Order to Cease, Desist, and Abate Immediately from the Building Commissioner, dated May 26, 2023. Summary of
violations determined by the Building Commissioner include Barnstable Zoning Ordinances Article II General Provisions Sections 240-
Town of Barnstable
Page 2 of 2 2
7 A, 240-10 A; Article III District Regulations Sections 240-14 A (1); Article IX Site Plan Review Sections 240-100 A, 240-101 B, 240-103
B, 240-103 C, 240-103 K, and 240-105 G. The subject properties are located at 1450 Osterville West Barnstable Road as shown on
Assessor’s Map 127 as Parcel 007 001, and 1450 Osterville West Barnstable Road #A as shown on Assessor’s Map 127 as Parcel 03 6.
Both properties are located in the Residence F (RF) Zoning District. Continued from July 26, 2023.
(Click HERE for Materials)
7:02 PM Appeal No. 2023-016 Sawayanagi
Junichi Sawayanagi has applied for a Special Permit in accordance with Section 240 -47.2 C. (4) Accessory Dwelling Units (ADUs). The
Applicant proposes to change the use of the front accessory structure from commercial use (previously a framing business) to
residential use as a 1,671 square foot 1-bedroom Accessory Dwelling Unit which exceeds the 900 square foot as -of-right limit. The
subject property is located at 1085 Main Street, West Barnstable, MA as shown on Assessor’s Map 178 as Parcel 004 -002. It is
located in the West Barnstable Village Business District (WBVBD) Zoning District. Continued from August 8, 2023.
(Click HERE for Materials)
New Business
7:03 PM Appeal No. 2023-020 Davis
Jessica E. and Emily C. Davis have petitioned for a Variance pursuant to Section 240-14E. Residential District Bulk Regulations
Minimum Front and Side Yard Setbacks. The Petitioners seek to reduce the 15 -foot side yard setback requirement to 13.2 feet and to
reduce the 30-foot front yard setback to 26.6 feet to construct an attached garage with storage area. The subject property is located
at 190 Blackthorn Road, Marstons Mills, MA as shown on Assessor’s Map 047 as P arcel 034. It is located in the Residence F (RF)
Zoning District and the Resource Protection Overlay District (RPOD).
(Click HERE for Materials)
7:04 PM Appeal No. 2023-021 Capetown Plaza LLC
Capetown Plaza LLC has applied for a Special Permit pursuant to Section 240 -57 A. and C. Circumstances Warranting Reduction of
Requirements. The Applicant seeks to establish an overall shopping center ratio for the property of 3.5 parking spaces per 1,000
square feet of shopping center gross floor area. The subject property is located at 790 Iyannough Road, Hyannis, MA, as shown on
Assessor’s Map 311 as Parcel 092. It is located in the Business (B) and Highway Business (HB) Zoning Districts.
(Click HERE for Materials)
7:05 PM Appeal No. 2023-022 Capetown Plaza LLC
Capetown Plaza LLC has petitioned for a Variance pursuant to Section 240 -65 A. through E. and H. Signs in B, UB, HB, HO, S&D, and
SD-1 Districts. The Petitioner seeks to establish a comprehensive site -wide tenant building and pylon signage criteria to regulate
total allowable signage area, location, and illumination for “The Landing at Hyannis”. The subject property is located at 790
Iyannough Road, Hyannis, MA as shown on Assessor’s Map 311 as Parcel 092. It is located in the Business (B) and Highway Busin ess
(HB) Zoning Districts.
(Click HERE for Materials)
Correspondence
Matters Not Reasonably Anticipated by the Chair
Upcoming Hearings
September 27, 2023, October 11, 2023, October 25, 2023
Adjournment